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2014 (8) TMI 562

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....appeal arises from a decision of the Income Tax Appellate Tribunal dated 8 October 2013, for the Assessment Year 2008-09. The appeal has been admitted on the following substantial questions of law: "1. Whether the ITAT erred in law in holding that assessee was correct in deducting TDS U/s. 194-C @ 2% rather than amended Section 194-I @ 10% (w.e.f. 01.06.2007) completely ignoring the explanation t....

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....of exclusive hiring for fixed tenure. 4. Whether the ITAT erred in law in ignoring the definition of "Work" and "Service" in the context of deduction of TDS from payments to transport contractors for hiring of buses." In the present case, the assessee is an educational institutional and had hired the services of the transporters to provide pick-up and drop facilities to its students and staff. T....

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.... of the same." The above contractual obligations have to be performed by the transporter. The assessee deducted the tax at source under Section 194C of the Income Tax Act, 1961. The Department contended that tax was liable to be deducted at source under Section 194I of the Act. A demand was raised under Section 201 (1) read with Section 201 (1A) of the Act, which was deleted by the CIT (A). The ....